ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006395

Complaint for Resolution:

Date of Adjudication Hearing: 22nd February 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Location of Hearing: Clayton Hotel, Sligo.

Procedure:

In accordance with Sections 80 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was submitting that he had not been paid his statutory redundancy payment when his employment was terminated by the Respondent.

The Respondent was not present or represented at the Hearing and they sent no submissions.

Summary of Complainant’s Case:

The Complainant was submitting that he had not been paid his statutory redundancy payment by the Respondent when his employment was terminated by way of redundancy by the Respondent.

The Complainant said that he was employed by the Respondent from 1^st November 1999 to 24^th October 2016 and that his normal weekly rate of pay was €650.00c.   He said his employment was terminated by reason of redundancy on 24^th October 2016.   The Complainant said that he was placed on short-time working as defined under the 1967 Act by the Respondent consecutively from 20^th September 2016 or earlier and that he was laid off from work without pay by the Respondent with effect from 25^th October 2016.

The Complainant said that he wrote to the Respondent by registered post of 8^th November 2016, enclosing Form RP9 claiming/seeking his statutory redundancy payments by reason of his short-time /layoff.   He said that he received no response from the Respondent and that he further submitted Form RP77 on 21^st November 2016, also by registered post.

The Complainant said he received no response or no redundancy payment from the Respondent.

The Complainant confirmed that there was no break in his continuity of employment in the period from 1^st November 1999 to 20^th October 2016.

The Complainant sought a favourable decision that he was entitled to his statutory redundancy payment.

Summary of Respondent’s Case:

The Respondent was not present or represented at the Hearing and they sent no submissions.

Findings and Conclusions:

The Respondent was not present or represented at the Hearing and they sent no submissions, accordingly I only have the submissions of the Complainant to rely upon in these matters.  Accordingly I find and conclude that the complaint under the 1967 Act is well founded and it is upheld.

Based on the uncontested evidence of the Complainant the following facts were established at the Hearing:

• The Complainant was employed by the Respondent on a period of unbroken continuous service from 1^st November 1999 and 24^th October 2016.

   

• The Complainant’s normal weekly rate of pay was €650.00c gross.

   

• The Complainant wrote to the Respondent by registered post on 8^th November 2016, when he had been on a combined continuous period of short-time and layoff of more than 6 weeks, he included in this correspondence Form RP9 seeking his statutory redundancy by reason of this short-time and layoff.

   

• The Complainant received no response from the Respondent to Form RP9 or to his correspondence of 8^th November 2017.

   

• The Complainant submitted his complaint/claim to the WRC on 10^th December 2016.

Decision:

Section 80 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 39 of the Redundancy Payments Acts 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Based on the foregoing findings and conclusions I declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.   I require the Respondent to pay the Complainant his statutory redundancy payment based on his weekly wage of €560.00c and his continuous service from 1^st November 1999 to 20^th October 2016.   I so decide.

Dated: 11/05/2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words:   Redundancy Payments